ADA Case Reminder: When It Comes to Accommodations, Assumptions Can Cost You
A recent court case serves as a clear reminder: failing to adhere to legal and HR best practices for evaluating accommodations can come with a hefty price tag.
The Case at a Glance: Werner Enterprises, a large trucking company, denied a driving job to Victor Robinson, a deaf applicant.
He had a legal medical variance and successfully completed their training program with the assistance of an interpreter.
When Werner rejected him, claiming he couldn’t safely communicate during the next phase of training. The EEOC sued on his behalf.
The result? The 8th Circuit Court upheld the decision
$75,000 in compensatory damages
$300,000 in punitive damages
Plus back pay and injunctive relief
Where The Employer Went Wrong:
Assumed Robinson couldn’t safely do the job because of his deafness. Told him he was not being moved forward in the training/hiring process because of his deafness.
Did not explore or test reasonable accommodations (like hand signals).
Failed to do an individualized safety assessment.
Offered no solid evidence that accommodations would harm the business.
What You Should Do Instead:
Always assess accommodation requests on a case-by-case basis.
Ask: Can we reasonably support this person doing the job?
Don’t assume a disability means someone can’t perform safely.
You must prove actual undue hardship or a safety threat, not just a guess or, even worse, based solely on someone's disability.
Learn the law before denying accommodations.
In this case, the law did allow deaf drivers with medical clearance.
Takeaway for Small Business Owners: Before rejecting a candidate or employee based on a disability, pause and assess the request on an individual basis. Get curious, not just “cautious”, because in today’s legal climate, skipping this step can mean expensive lawsuits and lost trust.
If you were unsure of the laws or the best way to address a similar or related circumstance, seek proactive HR or legal guidance to avoid a costly misstep.
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